Terms & Conditions
THE AGREEMENT: The use of this website and services on this website provided by Traditions Of The Ancestors, Inc. ("TOTA") are subject to the following Terms & Conditions (the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (collectively called "website") and any services provided by or on this website ("services").
The parties referred to in this Agreement shall be defined:
- TOTA, Us, We: TOTA, as the creator, operator, and publisher of this website, makes the website, and certain services on it, available to users. Traditions Of The Ancestors, Inc., TOTA, Us, We, our, ours and other first-person pronouns will refer to TOTA, and all employees and affiliates of TOTA.
- You, the User, the Client: You, as the user of the website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or client.
- Parties: Collectively, the parties to this Agreement (the TOTA and you) will be called Parties.
2) ASSENT & ACCEPTANCE
By using the website, you warrant you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately. TOTA only agrees to provide use of this website and services to you if you assent to this Agreement.
3) LICENSE TO USE WEBSITE
TOTA may provide you with certain information because of your use of the website or services. Such information may include, but is not limited to, documentation, data, or information developed by TOTA and its partners and contributors, and other materials which may assist in your use of the website or services ("TOTA Materials"). Subject to this Agreement, the TOTA grants you a non-exclusive, limited, non-transferable and revocable license to use the TOTA Materials solely in connection with your use of the website and services. TOTA Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the website and all services provided by the TOTA are the property of the TOTA, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("TOTA IP"), unless otherwise specifically designated. You agree that the TOTA owns all right, title and interest in the TOTA IP and that you will not use the TOTA IP nor any third-party IP for any unlawful or infringing purpose. You agree not to reproduce or distribute TOTA IP including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from TOTA.
- To provide the website and services to you, you grant TOTA a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise provide to the website ("your Content"). TOTA claims no further proprietary rights in your Content unless agreed to in writing with you.
- If you feel that any of your intellectual property rights have been infringed or otherwise violated by posting information or media by another of our users, please contact us and let us know.
5) USER OBLIGATIONS
As a user of the website or services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, and a password. you may also provide personal information, including, but not limited to, your name. you ensure the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You maintain the safety and security of your identifying information and keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the website or services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services that could damage the website, services, or general business of the TOTA.
- You further agree not to use the website or services:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- To violate any intellectual property rights of the TOTA or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
7) PRIVACY INFORMATION
Through your use of the website and services, you may provide us with certain information. By using the website or the services, you authorize the TOTA to use your information in the United States and any other country where we may operate.
- TOTA will not provide or sell your personal information to any third-party.
- Information we may collect or receive: When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how you use our website or services, we may also receive information from external applications you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How we use Information: We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
- How you can protect your information: If you want to disable our access to any passive information we receive from various technologies, you may disable cookies in your web browser. Please know the TOTA will still receive information about you, such as your email address. If you terminate your account, the TOTA will store information about you for the following number of days: 180. After that time, it will be deleted.
TOTA may sell goods or services or allow third parties to sell goods or services on the website. TOTA undertakes to be accurate with all information regarding the goods and services, including product descriptions and images. However, the TOTA does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, and valid billing information. We reserve the right to reject or cancel an order including errors or omissions in the information you provide to us. If We do so after payment has been processed, we will issue a refund to you the purchase price. We also may request additional information from you before confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. For the sale of physical products, we may preauthorize your credit or debit card when you place the order, or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For questions, concerns, or disputes, you agree to contact us promptly at: email@example.com.
If you are unhappy with anything you have purchased on our website, you may do:
Customers may return any product they are not happy with for any reason. Customer will be responsible for return shipping.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake these actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or services;
- Violate the security of the website or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11) DATA LOSS
TOTA does not accept responsibility for the security of your account or content. You agree that your use of the website or services is at your own risk.
You agree to defend and indemnify the TOTA and any of its affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the website or services, your breach of this Agreement, or your conduct or actions. You agree that the TOTA shall be able to select its own legal counsel and may participate in its own defense, if the TOTA wishes.
13) SPAM POLICY
You are strictly prohibited from using the website or the TOTA's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
TOTA may occasionally post links to third-party websites or other services. You agree that the TOTA is not responsible or liable for any loss or damage caused because of your use of any third-party services linked to from our website.
15) MODIFICATION & VARIATION
TOTA may, occasionally and at any time without notice to you, modify this Agreement. You agree that the TOTA may modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
- If you monitor no modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties regarding any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding this website.
17) SERVICE INTERRUPTIONS
TOTA may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime but that the TOTA shall have no liability for any damage or loss caused because of such downtime.
18) TERM, TERMINATION & SUSPENSION
TOTA may terminate this Agreement with you at any time with or without cause. TOTA specifically reserves the right to terminate this Agreement if you violate the terms outlined, including, but not limited to, violating the intellectual property rights of the TOTA or a third party, violating laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions expected to survive termination shall remain in full force and effect.
19) NO WARRANTIES
You agree that your use of the website and services is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. TOTA expressly disclaims any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. TOTA makes no warranties that the website or services will meet your needs or that the website or services will be uninterrupted, error-free, or secure. TOTA also makes no warranties as to the reliability or accuracy of any information on the website or obtained through the services. You agree that any damage that may occur to you, through your computer system, or because of loss of your data from your use of the website or services is your sole responsibility and that the TOTA is not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
TOTA is not liable for any damages that may occur to you because of your use of the website or services, to the fullest extent permitted by law. The maximum liability of the TOTA arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the TOTA in the last six (6) months. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21) GENERAL PROVISIONS:
- LANGUAGE: All communications made or notices under this Agreement shall be in the English language.
- JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the website or services, you agree that the laws of the State of Washington shall govern any matter or dispute relating to or arising out of this Agreement, and any dispute of any kind that may arise between you and the TOTA, except for its conflict of law provisions. If any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Kitsap County, Washington. The Parties agree this choice of law, venue, and jurisdiction provision is mandatory. You waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION: if a dispute occurs between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Kitsap County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law and the law of the following state: Washington. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the TOTA will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
- ASSIGNMENT: This Agreement, or the rights granted, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted, by assigned, sold, leased or otherwise transferred by the TOTA, the rights and liabilities of the TOTA will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: If we enforce no provision, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: TOTA is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications may both Parties under this Agreement, including e-mail or fax. For questions, please email us at the following address: firstname.lastname@example.org.